BMW Issue ideas?

[RootsBooster]

Purchased a BMW 320d 59 plate from Johnson Cars on Hollinsend Road in July.

No concerns with the car - apart from the service was already due when we purchased it, but never mind.

 

Car has run fine until last night, when the car started shaking.

Independent garage has looked at it and said an inlet flap has broken off and entered the engine, great.

They've given me a price which I trust to be correct, but said to take it back as it is within 3 months of purchase and should have warranty still....

 

Johnson Motors say they only offer 28 days when I got there.

No paperwork supplied confirming how long the warranty is for. Obviously I should have checked this originally, but I was certain they said 3 months then too. Perhaps I was wrong.

 

So now, stuck in limbo as to what to do.... any ideas people before I lump a good amount of money that I could do without spending?

 

Much appreciated

If the problem was present when they sold you the car (whether the symptoms were noticeable or not), they would have to repair it or give you your money back, under your statutory rights (regardless of warranty). This is usually covered up to 3 months. If I remember correctly, I think after that period you are still covered but you have to be able to prove that the fault was present or already developing when they sold you the car.

You need to check out this advice for yourself, i'm not 100% sure how it currently works but that's how it USED to be (Trading standards).

 

As this is a common problem with BMW engines it's most likely that the fault was already developing when you bought it. The swirl flaps get gunked up within the inlet manifold and start wearing excessively, until a pivot shaft snaps and a flap falls in.

 

What mileage have you done since you bought it?

[Uptowngirl]

Purchased a BMW 320d 59 plate from Johnson Cars on Hollinsend Road in July.

No concerns with the car - apart from the service was already due when we purchased it, but never mind.

 

Car has run fine until last night, when the car started shaking.

Independent garage has looked at it and said an inlet flap has broken off and entered the engine, great.

They've given me a price which I trust to be correct, but said to take it back as it is within 3 months of purchase and should have warranty still....

 

Johnson Motors say they only offer 28 days when I got there.

No paperwork supplied confirming how long the warranty is for. Obviously I should have checked this originally, but I was certain they said 3 months then too. Perhaps I was wrong.

 

So now, stuck in limbo as to what to do.... any ideas people before I lump a good amount of money that I could do without spending?

 

Much appreciated

 

Re used cars from a dealer..

 

 

The amendments to the Sales of Goods Act (EC Directive 1999/44/EC) that came into force on 31st March 2003 now place the burden of proof on he car dealer for the first six months after a purchase.

 

If a customer makes a claim in the first six months it will be up to the dealer to prove the vehicle was correct when it left their premises.

[Robbie Loving]

 

 

What mileage have you done since you bought it?

 

Around 2,400 miles.

 

Re rest of your post, I'm not very good with stuff to do with trading standards, what would you recommend?

[Greatgranny]

If you have nothing in writing then your "warranty" is worth nothing.

 

You've done 2400 miles in the car since buying it so not sure how there's any way the fault would have been known at the time of purchase.

Sounds like the car would drive normally up until the fault presented itself.

 

You could approach the dealer to see if he will contribute or try BMW but its over 4 years old and is out of the dealer network so doubt if they will be interested.

[geared]

not sure how there's any way the fault would have been known at the time of purchase.

Sounds like the car would drive normally up until the fault presented itself.

 

The dealer could have inspected the swirl flaps in the inlet manifold and seen they were all gunked up.

 

Obviously they didn't, because short of changing the oil dealers don't like to spend money on cars, but considering it a common fault you could argue it should have been looked at.

[RootsBooster]

Around 2,400 miles.

That's not much at all, I would expect that the problem was developing well before you bought the vehicle

Re rest of your post, I'm not very good with stuff to do with trading standards, what would you recommend?

You will have to put some time/effort in and research the common fault. Google "BMW swirl flaps information" and make use of information available with regards to how long the turbo will have had to be leaking (if that is the cause) in order for a swirl flap to fail, or simply from fatigue.

 

Make a note of websites/print off pages.

This will be your evidence, you may not even need it. Then ring Trading standards and explain things to them.

 

Some stuff;

 

Here

 

Here

 

Also, as someone else mentioned, as this is a well known issue you would have expected the garage to check the condition of the swirl flaps before selling

[Obelix]

If the problem was present when they sold you the car (whether the symptoms were noticeable or not), they would have to repair it or give you your money back, under your statutory rights (regardless of warranty). This is usually covered up to 3 months. If I remember correctly, I think after that period you are still covered but you have to be able to prove that the fault was present or already developing when they sold you the car.

You need to check out this advice for yourself, i'm not 100% sure how it currently works but that's how it USED to be (Trading standards).

 

As this is a common problem with BMW engines it's most likely that the fault was already developing when you bought it. The swirl flaps get gunked up within the inlet manifold and start wearing excessively, until a pivot shaft snaps and a flap falls in.

 

What mileage have you done since you bought it?

 

I would expect it being an 09 plate it has the N47 engine in which has a reworked swirl design.

 

Regardless it's less than 6 months post sale = dealers problem. Did the OP make any part of the purchase on a credit card, even the deposit?

[Xt500]

i would ring them and inquire about a different car they have forsale and see what the lenth of warrenty is. if they say 90 days or 3 months then its likely thats what you were told.

Then it would be time to push the fact..........

[Clio172]

I was under the impression it was 6mths on major parts if bought from a trader

 

---------- Post added 12-09-2013 at 18:12 ----------

 

Scroll down to "ACTION TO TAKE"

 

http://www.tradingstandards.gov.uk/cgi-bin/brighton-hove/con1item.cgi?file=*ADV0003-1011.txt

[Robbie Loving]

I was under the impression it was 6mths on major parts if bought from a trader

 

---------- Post added 12-09-2013 at 18:12 ----------

 

Scroll down to "ACTION TO TAKE"

 

http://www.tradingstandards.gov.uk/cgi-bin/brighton-hove/con1item.cgi?file=*ADV0003-1011.txt

 

Many thanks for the link and guidance, definitely gives me some standing.

 

i would ring them and inquire about a different car they have forsale and see what the lenth of warrenty is. if they say 90 days or 3 months then its likely thats what you were told.

Then it would be time to push the fact..........

 

Interesting that another forum member was given the same detail of 90 days.

 

I would expect it being an 09 plate it has the N47 engine in which has a reworked swirl design.

 

Regardless it's less than 6 months post sale = dealers problem. Did the OP make any part of the purchase on a credit card, even the deposit?

 

Half of the monies was on finances, the other half paid by debit card.

It's a 59 plate, but a 2010 version, so 3 and a half years old.

 

That's not much at all, I would expect that the problem was developing well before you bought the vehicle

 

You will have to put some time/effort in and research the common fault. Google "BMW swirl flaps information" and make use of information available with regards to how long the turbo will have had to be leaking (if that is the cause) in order for a swirl flap to fail, or simply from fatigue.

 

Make a note of websites/print off pages.

This will be your evidence, you may not even need it. Then ring Trading standards and explain things to them.

 

Some stuff;

 

Here

 

Here

 

Also, as someone else mentioned, as this is a well known issue you would have expected the garage to check the condition of the swirl flaps before selling

 

Again, many thanks for this.

It looks like I may have some stance on getting it sorted.

 

Next stop, phone call to them, if they refuse it will be letters sent recorded delivery.

 

Good job I have a second car.